STATE EX REL. McLEOD v. NESSLER

20997

273 S.C. 371 (1979)

256 S.E.2d 419

STATE of South Carolina, ex relation Daniel R. McLEOD, Plaintiff, v. Thomas G. NESSLER, Jr., in his official capacity as Municipal Recorder in the City of Greenville, South Carolina, and as a representative of all other municipal recorders in South Carolina similarly situated, Defendant.

Supreme Court of South Carolina.

June 26, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Daniel R. McLeod, Deputy Atty. Gen. Emmett H. Clair and Asst. Atty. Gen. Charles H. Richardson, Columbia, for plaintiff.

Glen S. Baldwin, Greenville, for defendant.


June 26, 1979.

GREGORY, Justice:

This declaratory judgment action was brought by the Attorney General under Section 15-53-10 et seq., 1976 Code of Laws of South Carolina, in the original jurisdiction of this Court, to determine the following agreed question:

Is a municipal recorder of a municipal court established pursuant to Section 14-25-910 of the 1976 Code of Laws authorized to sentence a criminal...

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